The legal team for the National Democratic Congress (NDC) parliamentary candidate for Amenfi Central, Joana Cudjoe, led by Samson Lardy Anyenini, has condemned the Electoral Commission (EC) for disqualifying their client from contesting in the 2024 elections.
The EC disqualified the parliamentary candidate on October 16, 2024, following an order for interlocutory injunction issued by the High Court in Sekondi on May 31, 2024.
The court order restrains Joana Cudjoe from holding herself out as the duly elected NDC parliamentary candidate for Amenfi Central until the final determination of the matter.
Additionally, the NDC and the EC are prohibited from recognising or affording her any rights or privileges as the candidate.
In a letter to Ms. Cudjoe, the commission stated that it is bound by the court order, which has neither been stayed nor vacated.
But her lawyer, Samson Lardy Anyenini, argues that the EC has made an error as the interlocutory injunction is not a final judgement.
“An interlocutory injunction is not a final order of a court. It does not determine the rights of the parties. The fact that it restrains certain actions temporarily doesn’t mean the affected parties will not emerge victorious at the end of the case,” he explained.
He stated that the injunction was related to the NDC primary election on May 13, 2023, which the party annulled in September 2024.
On September 8, he said the EC itself supervised a new election and declared Joana Cudjoe the duly elected candidate.
“The EC supervised the fresh election on September 8, 2024, and declared her duly elected. How then does the EC turn around and disqualify her over a case that no longer exists?” he quizzed.
He further asked the commission to reconsider its decision.
In a letter dated October 15, 2024, the lawyers highlighted that Ms. Cudjoe had been made aware of a petition dated September 13, 2024, and a follow-up letter on September 24, 2024, which was served to the EC.
In the petition, the claimants allege the existence of an interlocutory injunction barring Joana Gyan Cudjoe from presenting herself as the NDC’s parliamentary candidate for Amenfi Central.